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Punjab-Haryana High Court

Aggarsain Son Of Vijay Singh Son Of Ram ... vs Sanjay Kumar Son Of Raja Ram Son Of Ram ... on 13 August, 2013

Author: K. Kannan

Bench: K. Kannan

                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                           AT CHANDIGARH

                                               Civil Revision No.4092 of 2004 (O&M)
                                               Date of decision:13.08.2013

                        Aggarsain son of Vijay Singh son of Ram Partap, resident of Village
                        Tajapatti, Tehsil Abohar, District Ferozepur.
                                                                           ....Petitioner.


                                                     Versus


                        Sanjay Kumar son of Raja Ram son of Ram Partap, resident of
                        Village Ruherianwali, District Sirsa, now resident of Village
                        Tajapatti, Tehsil Abohar, District Ferozepur, and another.
                                                                              ....Respondents


                        CORAM: HON'BLE MR. JUSTICE K. KANNAN
                                            ----

                        Present:   Mr. P.K. Chugh, Advocate,
                                   for Mr. Rajeev Kaswan, Advocate,
                                   for the petitioner.

                                   None for the respondents.
                                                    ----

                        K.Kannan, J. (Oral)

1. The violation of the order of injunction was dealt with by the court below as requiring a punishment of imprisonment in a civil prison against the petitioner. The petitioner was born on 04.08.1979 and when the sale deed was executed, he was barely 20 years. The order of injunction had been issued on 02.05.1997 when he was 19 years old. The Court has disbelieved his contention that he did not know about the order of injunction. In my view, the punishment to undergo civil imprisonment is a very harsh Kumar Sanjeev 2013.08.20 12:25 I attest to the accuracy and integrity of this document chandigarh Civil Revision No.4092 of 2004 (O&M) -2- punishment and I would modify it as a compensation payable to the petitioner at ` 10,000/-.

2. The order passed by the court below is modified and the revision petition is disposed of on the above terms.

(K.KANNAN) JUDGE 13.08.2013 sanjeev Kumar Sanjeev 2013.08.20 12:25 I attest to the accuracy and integrity of this document chandigarh